Section 2: Provisions relating to the exploitation of a natural mineral water source

The application for authorisation to exploit a natural mineral water source, provided for inarticle L. 1322-1, concerning a project for packaging, use for therapeutic purposes in a spa establishment or distribution in a public refreshment area, is sent by the owner or operator to the Prefect of the department(s) in which the installations are located. The application file includes 1° The name of the applicant ; 2° A study of…

The Prefect of the Department in which the final exploitation site of the spring is located, after obtaining the opinion of the hydrogéologue agréé en matière d’hygiène publique, specially appointed for this purpose, submits a summary report drawn up by the Director General of the Regional Health Agency and a reasoned draft order to the Departmental Council for the Environment and Health and Technological Risks for its opinion. The Prefect…

When it is planned to use the water for therapeutic purposes in a spa establishment or when the applicant wishes to demonstrate the health benefits of water intended for packaging or distribution in public refreshment areas, and subject to the favourable opinion of the Departmental Council for the Environment and Health and Technological Risks on the application for authorisation to exploit the mineral water source, the dossier mentioned in article…

The decision on the application for authorisation to exploit a natural mineral water source is taken by prefectoral order before the project is implemented. In the case of a coordinated procedure, the decision is taken by joint order of the prefects concerned. Reasons are given for these orders. The prefectoral authorisation order indicates in particular the identification of the holder of the authorisation to exploit, the use of the natural…

Before the holder of the authorisation referred to inarticle R. 1322-8 makes natural mineral water available to the public, the Director General of the Regional Health Agency shall, within two months of receiving the request, check the conformity of the elements on the basis of which the authorisation was granted. The inspection of the installations and the nature of the samples taken and analysed to check the quality of the…

If the installations are not brought into service within five years of the date of notification of the order mentioned in article R. 1322-8 or if operation has been interrupted for more than five consecutive years, the authorisation to operate a natural mineral water is deemed to have lapsed. Without prejudice to the provisions of article R. 1322-12, if operations are interrupted for more than three consecutive years, a new…

In the case of packaged natural mineral water and where the result of the verification mentioned in article R. 1322-9 is in compliance, the Prefect sends a copy of the operating authorisation order to the Minister for Health, for notification to the European Commission for publication in the Official Journal of the European Union. The same applies in the event of an amending order.